Viacom ordered to stop using 'Spike'

Director Spike Lee wins injunction against new network

JonFriedman

NEW YORK (CBS.MW) -- A New York judge has ordered Viacom to stop using "Spike TV" as the name for its newest cable network after film director Spike Lee sued over use of the name.

Lee sued Viacom
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on the grounds that the rebranding of the TNN cable network as Spike TV was an intentional attempt to cash in on his image and reputation.

Viacom lawyers contended that Lee couldn't prove that their new moniker is a reference to him and that New York law provides a celebrity's first name that kind of protection.

"In the age of mass communication, a celebrity can in fact establish a vested right in the use of only their first name or a surname," Manhattan State Supreme Court Justice Walter Tolub said Thursday in his ruling, according to the Associated Press. "There are many celebrities that are so recognized, including Cher, Madonna, Sting and Liza," he said.

Viacom announced the name change several months ago as a way of trying to woo young male viewers, the demographic that advertisers covet. It bills itself as "the first network for men." (Viacom is a significant investor in MarketWatch.com, the publisher of this report.)

The new Spike TV intends to show such programs as reruns of "The A-Team," "Baywatch," and "Miami Vice" as well as sports-oriented programs as pro wrestling and "American Gladiators."

Lee's lawyer Johnnie Cochran said: "Obviously, we're elated. We had a good judge who looked at the law and at the facts," according to the Associated Press.

Spike TV spokesman Dan Martinsen was quoted as saying that Viacom would appeal the verdict at once and added: "We respectfully disagree with the judge's decision which was not supported by the law or the evidence."

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